MUNSHI Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS is a Defendant's writ Petition against the order of the learned Member, Board of Revenue dated 12 -11 -81 whereby he allowed the review Petition and directed the Second Appeal to be heard by the Member concerned having jurisdiction over Meerut Division. On 7 -8 -1979 the learned Member had allowed both the appeals and had set aside the decree passed by the 1st appellate Court and had remanded the case to the appellate Court for fresh decision.

(2.) THE grounds for allowing the review Petition are contained in paragraphs 7 and 8 of the impugned judgment dated 12 -11 -1981. The grounds mentioned at paragraph No. 8 of the impugned judgment are not at all clear as to what mistakes were committed by the learned Member while allowing the second appeal on 7 -8 -1979.

(3.) ANOTHER ground for allowing the review Petition by the learned Member through the impugned judgment is that he had no jurisdiction to hear the appeal. According to him the link officer could only deal with urgent matter such as admission of appeals, revisions etc. and to grant stay orders. In this connection it would be proper to quote paragraph 7 of the impugned judgment as below: